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HomeMy WebLinkAboutContract CAG-19-299 CITY OF RENTON PUBLIC WORKS PROJECT-RETAINED PERCENTAGE ESCROW AGREEMENT Escrow No. coal (0 3 I (o3 q Contract No.CAG-19-196 Estimated Completion Date: bit. is 11`0t City of Renton 1055 South Grady Way Renton,WA 98057 11 Contractor: KIjvje. t ASsoc.iaies, 1ege_ Address: a4q06 ccJJAl 3''d PI 5a»1076,4iPsh WA 48'07u - 3(l.7`1 Project Title: kV-n-6NA 6 AJ /1'i 'hi'al ' / fi/e,S� The Contractor's Federal Income ax Identification number is Z} �/ f/r TO: Escrow Bank or Trust Co: (A)c in.l it1,3 tp ,Je l 50404 This Escrow Agreement is for the investment of retained percentages of the above contract in accordance with RCW 60.28.011,60.28.021 and 60.29.051. The undersigned, Kiivvie A33aciaje4, Li' ., herein referred to as the Contractor, has directed the City of Renton, Washington to deliver to you its warrants, checks or drafts which shall be payable to you and the Contractor jointly. Such warrants, checks or drafts are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants, checks or drafts made payable to you and the Contractor jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys shall be deposited as follows (Contractor to select one—if none is selected the choice is A.) A. In an interest bearing account not subject to withdrawal until after the final acceptance of sai project, improvement or work is completed or until agreed to by both parties. or B. The moneys will then be used by you to purchase, as directed by the Contractor, bonds or other securities chosen by the Contractor and approved by the City of Renton Attached is a list of such bonds, or other securities approved by the City of Renton. Other bonds or securities, except stocks may be selected by the Contractor, subject to express written approval of the City of Renton. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the City of Renton as provided in paragraph 4 of this Escrow Agreement. The investments selected by the Contractor,approved by the Agency and purchased by you must mature on or prior to the date set for the completion of the contract. Including extensions thereof or thirty days following the final acceptance of said improvement or work. RETAINED PERCENTAGE ESCROW AGREEMENT Page 1 of 3 2. The interest on the account shall be paid to the Contractor.When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the Contractor at its address designated below unless otherwise directed by the Contractor. 3, You are not authorized to deliver to the Contractor all or any part of the funds held by you pursuant to this Escrow Agreement except in accordance with written instructions from the City of Renton. Compliance with such instructions shall relieve you of any further liability related thereto. 4. In the event the City of Renton orders you to do so in writing,you shall,within thirty-five(35)days of receipt of such order, reconvert into money the securities held by you pursuant to this Agreement and return such money together with any other moneys held by you hereunder,to the City of Renton. Written release will be issued by the Finance Administrator. For further information contact the Finance Administrator at 425-430-6887. 5. The Contractor agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this Agreement until and unless the City of Renton directs the release to the Contractor of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this escrow or any modifications hereof, you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorneys fees occasioned by such default,delay, controversy or litigation. 6. This Escrow Agreement shall not be binding until executed by the Contractor and the City of Renton and accepted by you. ) 7. This instrument contains the entire agreement between you, the Contractor and the City of Renton with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided; you shall not be liable for anynot caused loss or damage g by your own negligence or willful misconduct. 8. The foregoing provisions shall be binding upon the assigns, successors, personal representatives and heirs of the parties hereto. Signatures on next page: fi RETAINED PERCENTAGE ESCROW AGREEMENT Page 2 of 3 F The undersigned have read and hereby approve the instructions as given above governing the administration of this escrow and do hereby execute this Escrow Agreement on this day of 0a 'bel,'20 4i1 . CITY OF RENTON CONSULTANT y: By: 1�� 1 Denis Law Duane Kl rrge Mayor Principal ID/1 ?:161 Date Date Attes ���,++tt,tlttti",/, 01a nA. Set = *_ , C. Clerk ` 4 I Approved as to Legal Form , By: 00041..04e Shane Moloney City Attorney The above escrow instructions received and accepted this "day of (Dc- e,20!C( ESCROW BANK OR TRUST CO: Signature Title: Pe/''ortcA.-I bet. ej' Securities Authorized by City of Renton-Select only one: 1. Bills, certificates, notes or bonds of the United States; 2. Other obligations of the United States or its agencies; 3.Obligations of any corporation wholly-owned by the government of the United States; 4. Indebtedness of the Federal National Mortgage Association; and 5, Time deposits in commercial banks. PLEASE RETURN THIS SIGNED AGREEMENT TO: City of Renton Attn: Michael Nolan 1055 South Grady Way Renton,WA 98057 RETAINED PERCENTAGE ESCROW AGREEMENT Page 3 of 3 • • Chloe Luddy Personal Banker 16900 Redmond Way • Redmond WA 98052 o:425-883-4700 • f425-867-9629 NMLSR#1686509 chloe.luddy@wafd.com • 7